KISHAN SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) A complaint was written by Sahab Singh (PW1) against the accused on 20.07.1998, enumerating the facts contained therein, that he went to the market on 19.07.1998. His co -villager Kishan Singh met him in the Bangwal market. He hurled abuses at him. He also assaulted PW1 with a stone, as a consequence of which, he sustained injuries. Accused fled away after causing him injuries. The witnesses saw the incident, whereafter, PW1 returned to his house. Accused threatened him with dire consequences. He also fired upon the PW1's brother Vijay Pal Singh (PW2), as a consequence of which, he too sustained injuries on his head and nose. PW2 was taken to a hospital in an unconscious state. The chik FIR was lodged on 20.07.1998, on the basis of complaint (Ext. Ka -1). After the investigation, a charge -sheet was submitted against the accused -appellant for the offenses punishable under Sections 307, 325, 504, 506 of IPC and Section 25 of the Arms Act. The case was committed to the Court of Sessions. When the trial began and prosecution opened it's case, charges for the offences punishable under Sections 307, 323, and 504 of IPC were framed against the accused, to which he pleaded not guilty and claimed trial. PW1 Sahab Singh, PW2 Vijay Pal Singh, PW3 Mahcndra Singh, PW4 Sabal Singh, PW5 Dr. Y.S. Rana, PW6 Mor Singh, PW7 Dr. Hem Chandra Joshi and PW8 Mohan Singh Rana (patwari) were examined on behalf of the prosecution. Incriminating evidence was put to the accused under Section 313 Cr.P.C., in reply to which he pleaded not guilty and claimed trial. He said that he was falsely implicated in the case. No evidence was given in defence.

(2.) AFTER considering the evidence on record, accused -appellant Kishan Singh was acquitted of the charge of the offence under Section 504 IPC. He was, however, convicted of the offence punishable under Sections 307 and 323 of IPC. Accused -appellant was directed to undergo rigorous imprisonment for seven years along with fine of Rs. 5000/ - for the offence punishable under Section 307 of IPC. He was directed to undergo six months' rigorous imprisonment for the offence punishable under Section 323 of IPC. Aggrieved against the impugned order (of conviction) dated 18.04.2003, present criminal appeal was preferred by the accused -appellant.

(3.) PW 2 was the injured -eye witness, who also supported the prosecution story and said that the accused Kishan Singh fired upon him, as a consequence of which, he sustained injuries on his head and nose. He became unconscious and thereafter he was referred to Dehradun hospital in an unconscious state. He remained admitted there for about 1 1/2 months. The incident took place on 19.07.1998, at 7:00 pm.